A/HRC/32/43
II. Western European and other States region, and Eastern
European region
11.
On 20 and 21 April 2015, the regional consultation with representatives of Western
European and other States, as well as Eastern European States, was convened by the
Independent Expert in Geneva. The consultation was attended by 19 participants, among
them representatives of six States, and the European Union, and experts from the United
Nations treaty body system and from the Human Rights Council special procedure
mechanisms. Representatives of OHCHR, members of civil society, including academia,
and representatives of non-governmental organizations were also present.
12.
Opening remarks were delivered by the Chief of the OHCHR Development and
Economic and Social Issues Branch, who stressed that international solidarity was a crucial
principle in addressing current global issues and tragedies. He stated that the time had come
for a serious discussion on international solidarity and human rights, based on existing
provisions of international human rights law. He reaffirmed the commitment of OHCHR to
supporting that initiative and advancing international solidarity for the realization of all
human rights—civil, political, economic, social and cultural, including the right to
development.
A.
Panel presentations and discussion on human rights and international
solidarity
13.
The presentations addressed issues relating to the foundations of international
solidarity in existing international law; the extraterritorial application of human rights law
to the issue of international solidarity; the rights and obligations arising from international
solidarity; and international solidarity in the light of the International Covenant on
Economic, Social and Cultural Rights.
14.
During the presentations, it was reiterated that international solidarity was not
limited to international assistance and cooperation, charity and humanitarian assistance. To
illustrate the principle of international solidarity and its legal basis, details of various
articles from international human rights treaties and relevant United Nations declarations
and resolutions were extensively cited. The Maastricht Principles on Extraterritorial
Obligations of States in the Area of Economic, Social and Cultural Rights were discussed to
explain the potential and limitations of human rights law as it related to the extraterritorial
obligations of States. Human rights law relating to international cooperation to combat
poverty was identified as the area in which the extraterritorial obligation of the State to
provide assistance to enable the realization of economic social and cultural rights could be
established. Although a declaration on a right to international solidarity could be built
around the existing framework of the law on cooperation that governed the relationship
between States and the United Nations, framing it as a right remained challenging. It was
stressed that, in order to promote the implementation of solidarity-based cooperation, due
attention should be given to the principle of sovereignty. The jurisprudence of the
Committee on Economic, Social and Cultural Rights was highlighted in relation to
international cooperation as a duty of States. The Committee had constantly reiterated that
international cooperation assistance had to be implemented within the framework of the
systematic application of the core human rights principles.
15.
After the panel presentations and discussion, participants were divided into groups
to enable more in-depth discussions and to ensure active participation by all. The groups
discussed integrating human rights in international cooperation and the role of international
solidarity in the exercise and fulfilment of human rights.
5
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